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QLD How to Deal with Executor of Will with Minimal Costs?

Discussion in 'Wills and Estate Planning Law Forum' started by Dave the black sheep, 9 September 2016.

  1. Dave the black sheep

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    Hello and thanks for the website, it is very informative.

    I have read through the forums but there is a little twist to my situation.

    Probate has been granted. The executor of will (my sister) has notified me of the death of my mother four months late. I have been told I am a beneficiary of the will. I was exiled from the family four years ago after my loving father died. So I had no contact since.

    Section 33Z of Succession Act (Qld) creates a right for an 'entitled person' to view or obtain a copy of the will. Upon request, I was told to apply to the Supreme Court. I understand this is Form 122 Exemplification. I need a little help with the filling out of this form please.

    The Law is the Law, and there are procedures. My sister (executor) is using her position to bully me for information. She says if I tell her what she wants, I can have the money tomorrow (could be $5 for all I know). If not, I have to go through the supreme courts.

    The twist is, her husband is a partner in a large legal firm in Brisbane. I cannot afford the legal fees or a Lawyer. I am a simple farmer and cannot leave my property to go interstate for any length of time to go to Qld. She is well aware of the Law. I am sure she knows this is in contempt of Court.

    Is there a way I can deal with this with minimal cost?
     
  2. Dave the black sheep

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    If I understand correctly,

    First, I need to obtain a copy of The Grant of Probate which contains the will. Is this the same as Form 122 (Qld Supreme Court)
    Secondly, the application to court to order the Executor to comply. Is this form 125 Citation to take Probate? Is this correct if other beneficiaries have already been paid, which I do not know in my circumstance?
     
  3. Rod

    Rod Well-Known Member

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    Remind your sister that if she doesn't follow her legal duties she becomes personally responsible for her decisions, not the estate. Helps that she knows that you know this snippet of information. Her husband will be able to confirm this fact :)

    Also throw in a comment about the 'probate costs' rule (traditional principle that legal costs of all parties should be paid for out of the estate).

    Then suggest that it is in her interests to send you a copy of the will without forcing you to jump hurdles.

    Let us know how you go.
     
    Dave the black sheep likes this.
  4. Dave the black sheep

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    Thank you Rod, I will give it a go... I appreciate your comment. I didn't know about the 'probate costs' rule...
     
  5. Dave the black sheep

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    I was patient and I have been contacted by the legal firm representing my sister as executor, and they are doing everything appropriately. Although an individual person may not be so responsible, the legal firms must act in their own interests as well as the client, and have a public image to protect.

    I guess we will see... Thank you for this website: the information is a tremendous help...

    Thanks Rod.
     
  6. bluetongue

    bluetongue Well-Known Member

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    In a letter to the solicitor handling the probate matter, refer to Section 33ZZ of the Queensland Succession Act 1981 that entitles you as a beneficiary and a child of the deceased to see a copy of the will. Your sister as executrix must make a copy of the will available to you either by inspection at the solicitor's office or by receiving a copy by email/post.
     

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